TRIAL CHAMBER I

Public Document
DECISION ON KALLON NOTICE OF INTENTION TO RELY ON AND ADOPT CERTAIN ASPECTS OF THE ACCUSED ISSA SESAY’S TESTIMONY WITH

____________________CONFIDENTIAL ANNEX_______________

TRIAL CHAMBER I (“Trial Chamber”) of the Special Court for Sierra Leone (“Special Court”) composed of Hon. Justice Benjamin Mutanga Itoe, Presiding Judge, Hon. Justice Bankole Thompson and Hon. Justice Pierre Boutet;

SEISED of the Kallon Notice of Intention to rely on and Adopt Certain Aspects of the Accused Issa Sesay’s Testimony with Confidential Annexe (“Notice”) filed by Counsel for the Second Accused, (“the Kallon Defence”) on the 4th of April 2008;

CONSIDERING the Prosecution Response to the Kallon Notice of Intention to rely on and Adopt Certain Aspects of the Accused Issa Sesay’s Testimony with Confidential Annexe (“Response”) filed on the 14th of April 2008;

CONSIDERING the Kallon Defence Reply to the Prosecution Response to the Kallon Notice of Intention to rely on and Adopt Certain Aspects of the Accused Issa Sesay’s Testimony with Confidential Annexe filed on the 16th of April 2008 (“Defence Reply”);

RECALLING that during the Status Conference held on 10th January 2008, the Kallon Defence indicated its intention, in the interest of expeditiousness and Judicial economy in the presentation of its case, to rely on certain aspects of the testimonies of the Sesay Defence;[1]

OBSERVING that the Kallon Defence drew the attention of the Court to the specific aspects of the First Accused Issa Sesay’s testimony that they seek to rely on in the defence of its case;[2]

NOTING that the Prosecution during the Status Conference did not object to the said notification;

NOTING that the Prosecution in their Response indicated that it was not their understanding that the Kallon Defence sought to ‘adopt’ aspects of the evidence of the First Accused Issa Sesay, thereby Issa Sesay “becomes a common witness for himself and Kallon;”[3]

CONSIDERING the Kallon Defence in their Reply indicated that it formally accepts the said evidence, and the purpose of the notice is to ensure that Kallon’s case in part rests upon or becomes dependent upon those relevant portions of Sesay’s evidence to maintain Judicial economy and ensure trial management;[4]

NOTING the Prosecution admission that Sesay’s evidence is “admissible evidence....on record,” and “any party can in submissions seek to rely on it for corroboration or for some other purpose.”[5]

CONSIDERING that under the provisions of Rule 73, either party may move the Chamber for appropriate ruling or relief by way of motions;

THE CHAMBER FINDS that the Kallon Notice does not comply with the provisions of Rule 73;

ACCORDINGLY the Notice is struck out.

[1] Transcript of 10 January 2008, Status Conference, pp. 19-20
[2] See Confidential Annex attached to the Kallon Notice.
[3] Prosecution Response to Kallon Notice of Intention to rely on and adopt Certain Aspects of the Accused Issa Sesay’s Testimony with Confidential Annex, 14th April 2008, p. 2, para.
[4] Defence Reply, para. 5
[5] Prosecution Response, para. 9